The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-27
The Indictment.

bill with Two. coonts against the
tiuat.e:
The indictment.
That Andrew j. Harris, on the first
day Of June, being then and there
before that and sfIerward and con.
tinuou ily until the hOdipg OF this in
dlciment, public officer Of the State
Of Tennessee, to-wlt, county trustee OF
Shelby county, in eaid State, and as
such officer being inirusted with the
safe keeping and disbursement OF large
sums OF money belonging to the State
Of Tennessee for the uBs OF the Taxing
District OF Shelby county aforesaid,
which were collected and were in his
hands from the levles OF taxes for the
various departments Of the said Tax.
ing District, and the said Andrew J.
Harris, trustee as Aforesaid, being
then and there required by law as
euch officer to kesp each OF the iuIds
belonging 10 said Taxing District and
It's various departments separate, and
to pay out the same only for the pur-
poses for which they were levied, and
each OF them, and collected, and no
others, upon the joint warrant OF two
OF the fire and police commits
Bionere; and as such officer hav.
ing collected and having In his
hands for safe keeping and dis.
bursement various large amounts OF
money Realised from the collections
by him OF the taxes levied for the sup.
port OF the different branches OF eaid
Taxing District Government, and
which then and there belonged 10 the
several departments OF said Taxing
District, and being then and there
prohibited from tiverting any portion
OF the said taxes or funds 80 collected
by him from the purpos.s for which
they were levied and collected. The
said Andrew ]. Harris, not regarding
the duties OF his said Office, but per-
veIting the trust reposed Ia him, aud
contrlving and intending TO evade the
law, failed and refused, unlawiully,
knowingly and wiifully, TO keep each
OF the funds OF the said Taxing Dis.
trlct separate, but mlngltd the mon,yi
collected for each and all Of
said departnsnts Of said Toxipg
Districts and belonging TO each OF
lite severa. and separate funds as azores
said into one common deposit In his
own namo az trustee Of, for on account
Of said Taxing Dittrict in the. Mercan.
tile Bank Of Memphis, Tenn. Aud
the said Andrew j. Harris. intending
b. divert the funds Aforesaid from the
purpoies for which they we're leyieed,
aud contrivipg and intending TO aid
and abet David 7. MADDEN ond james
Lee, IT,, fire and police commission
ore Of ssid Taxing Dttric', in divert
ing the lunds Of the faid teyeral de.
pat,ments Of said Tsxing District "a
onther and different purposes than
thOee tor which they we're levied and
c'lec cd, did then and there, on the
day aforesaid, and cay after day In srs-
alter, until the lst day Of June, 1887,
unlawiully, knowingly and wiliully,
by checks drawn on the faid
Mercantile Bank, pay warrants
drawn and issued by said fire
aud police commissioners FOL
and on behalf OF the account OF
fund Of the street, bridges and eani
tary department, are worn out; on
May 0, 1857 TO NJ. Lnkin for $500
and various othar warrants In yarouI
other sums 10 him end divere othsi
persons within said period foi
amounts In the aggregate largely IN
excess OF the funds levied, collectet
and la his hands belonging 10 said do
partment. He then aud there, vel
knowing that oil funds collected b,
him for said purpose had been by hin
paid out on former warrents oil sale
commissioners drawn on said fund
and we'll knowing aud intending tina
their drafts or checks on the Mercan
tile Bank, a. aforesaid, should be p.iC
out OF other funds collected for othel
purposes than for streets, bridges anC
the sanitary account which he had de
posted In bank In one common fun,
In tbs atot esaid bank aud VIII lei
he was required by law as sucl
trustee and officer OF the Stat,
and Of said Taxing District, 10 keel
separate and apart for the uses an,
benefit OF each particular fund, 70
which said money was levied and col
lected. And the said Andrew ]. Harri
did, then and there and thereby, b,
the acts. Aforesaid, unlawfully, vii
fully and feloniously divert from Va
nous and other funds lsyied and col
ltcted for said Taxing District, towii
from the fund levied and coll, cted an,
held by said Andrew J. Harris a
trustee, as aforesaid for the account o
public buildings; for the account o
the police department, for the accoun
OF the fire department, Tor lighting. 10
public schools, for public school build
Ings, for Board OF Health aud garbage
for hospital, Tor sewers and drains, 10
salary and printing, and expense nc
count, and Tor wharfage account. varI
ous sums paid at various times, a
shove stated, TO NJ. Larkin and diver
other personr, until on the LIST day O
June, 1851. They all aggregated tn
sum OF Sis, 500 70, and did divert an,
apply the szid sum OF fll0,309 20, be
longing TO said other iurds, aud which
by Law, 10 and vas sps c acally appropri
sted 10 separate, distinct and difIeren
purposes and obj CT, from said depart
menis aud funds to which Il belonged
and illegally and wiliully and ielon
lously did devote and appropriate tn
same 10 the payment Of warrants lie
gally drawn A. aioreeaid, by the cal,
FIRE ard police commits ,loners on IN,
street, bridges and sanitary accom-,
by means whereof the aforesaid An
dew J. HNrle, trustee and collector
a, aforesaid, for said Taxing District
has diverted from the purposes 10
which they we're levied aud collecte,
the said sam Of Sis, 800 20, belonging
70 the various funds, az Aforesaid, 0